What is the legal definition of detention?
Introduction to Detention
The act of detaining or the state of being detained is called Detention. Detention can also be defined by other words like confinement or imprisonment, but it is usually for a short period. Even if it is a school punishment that a student has to stay after school then also it will be considered as detebe considered the confinement of a person which is usually in Police Station or we can say in other words Prison and it is for the investigation or to prevent from escape before the beginning of the trial. If someone is in detention, then most probably there is a chance that that person has done something wrong, and also that person is confined to his or her will.
Read Also: Preventive Detention Law
The Police and Military Force hold people in detention. Most of the time detention is for a short period or temporary period of confinement. As if someone is arrested for sometimes and then he or she is released. Also, detention is also used for the after-school punishment of a student who has to stay in school in detention instead of going to their home. If compared both detention i.e. detention by police and military forces and after-school punishment of a student, one thing is common and true for both that no person wants to be detained and it is done against their will. Wrongful Confinement and False Imprisonment are also done by the Police and Military Forces. And if Police have done False Imprisonment then the person has the right to challenge the writ of Habeas Corpus against him in court. False Imprisonment and Wrongful Confinement occurs when someone is restricted in their own personal movement that too in an area without giving any kind of justification and consent.
Read Also – Article 22 of the Constitution of India
Like, For Example: When two friends are traveling from a plane and the destination has arrived but two friends are kept there only. The staff have done this to do an investigation because an apparatus was missing from the plane. Later, it was discovered that the apparatus was kept somewhere else by their staff member. Now, for these two friends, it was wrongful confinement. Doing actual physical restraint is not compulsory to prove the false imprisonment or wrongful confinement by cutting the phone line, not supplying water and electricity can also be counted as one of them. Also, it is applied in government as well as private detention.
Read Also – Legality of House Arrest – How do You Get House Arrest
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